Northern Territory Numbered Acts

JUSTICE LEGISLATION AMENDMENT (COMMITTALS REFORM) ACT 2010 (NO 31 OF 2010) - SECT 26

Before section 57

insert

56B     Youth and adult charged – joint preliminary examination

    (1)     This section applies if:

    (a)     a youth and an adult are charged with offences founded on the same facts; and

    (b)     under this Act the charge against the youth is to be dealt with by way of preliminary examination; and

    (c)     under the Justices Act the charge against the adult is to be dealt with by way of preliminary examination under that Act.

    (2)     If this section applies, the 2 preliminary examinations may be conducted by a Magistrate as a joint preliminary examination.

    (3)     When conducting a joint preliminary examination:

    (a)     for the charge against the youth – the Magistrate constitutes the Youth Justice Court and must deal with the matter under this Act; and

    (b)     for the charge against the adult – the Magistrate acts in his or her capacity as a Justice and must deal with the matter under the Justices Act .

    (4)     A Magistrate conducting a joint preliminary examination may, at any stage, disjoin the examinations and deal with the defendants separately if satisfied it would be in the interests of justice to do so.

    (5)     When a joint preliminary examination is conducted, the examination:

    (a)     in so far as it relates to the youth, is a preliminary examination under this Act; and

    (b)     in so far as it relates to the adult, is a preliminary examination under the Justices Act .